Mandatory Minimums for Firearm Offenses in Wisconsin

 Posted on September 28, 2016 in Weapons Law

In November 2015, a new bill created mandatory minimum sentences for certain firearm offenses. As a result, mitigating opportunities for those charged have been diminished, and the court’s ability to examine a case in an individualized manner has been reduced. If you or someone you love has been recently arrested on a firearm charge, understand how the mandatory minimums for firearm offenses could impact the outcome of your case.

Mandatory Minimum for Possession of a Firearm

Those with a previous felony conviction are not permitted to possess or carry a firearm. Failure to adhere carries a minimum penalty of five years in prison, five years of supervision, and a fine of $25,0000. The new bill expanded on this law and now imposes a mandatory minimum sentence of three years of imprisonment if the following criteria are met:

• The defendant was previously convicted of, delinquent for, adjudicated of, or found not guilty by reason of mental illness for committing, conspiring, soliciting, or attempting to commit a violent felony;
• The defendant has committed a violent offense within five years of a sentence, probation, supervision, parole, or discharge for a previous felony or violent misdemeanor charge.

As outlined in the criteria, the new law includes more than just those convicted of violent felonies; it now includes those convicted of crimes considered violent misdemeanors, such as endangering safety by use of a firearm, battery, or certain crimes against animals.

Mandatory Minimum for Use of a Firearm

The new bill does more than just expand the minimum penalties for possession of a firearm; it also imposes a mandatory minimum sentence for those that have a previous violent felony conviction who have committed a new felony using a firearm. This mandatory minimum includes the following criteria:

• At the time of the offense, the defendant meets the criteria of a felon-in-possession;
• The defendant used a firearm to commit a new violent felony.

Sentencing for this mandatory minimum is dependent upon the seriousness of the new felony. Those being charged with a Class A through a Class G felony are facing no less than a five-year imprisonment. At least three years of imprisonment will be imposed for those convicted of a Class H felony. Those with a Class I felony have a mandatory minimum sentence of one year, six months in prison. Furthermore, if a defendant is convicted of both mandatory minimums in the same occurrence, the court must now order that the sentences be served consecutively.

Our Aggressive Criminal Defense Attorneys Will Fight to Protect Your Rights

Although the new mandatory minimums have diminished mitigating opportunities, they are not entirely eradicated. With more than four decades of experience, Gimbel, Reilly, Guerin & Brown, LLP has the skills and resources needed to aggressively defend your rights. Our Milwaukee, Wisconsin criminal defense lawyers will thoroughly investigate your case and search for any discrepancies. We also know when and how to challenge the new sentencing scheme to ensure your rights are protected. Get the representation you deserve. Call us at 414-271-1440 today.

Source:

https://docs.legis.wisconsin.gov/2015/related/lcactmemo/act109